IN THE CASE OF:
BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20090017896
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his promotion to the pay grade of E-7 be backdated to 1 November 2006 and that he be promoted to the pay grade of E-8 effective 1 November 2008.
2. The applicant states that U.S. Human Resources Command (HRC)-Alexandria failed to hold a promotion board in 2006, failed to ensure his records were transferred to HRC-St. Louis, and failed to notify HRC-St. Louis that he was deployed on active duty. He goes on to state that he was deployed for 5 years and communication with HRC was all but impossible due to the time difference and lack of reliable communication.
3. The applicant provides:
* a 3-page letter explaining the time-line involved in his case
* copies of his active duty orders
* copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* a copy of his promotion orders to pay grade E-6
* a copy of a 28 June 2006 memorandum from the Principle Deputy Assistant Secretary of the Army for Manpower and Reserve Affairs
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 11 March 1980 and continued to serve as a motor transport operator until he was honorably discharged in pay grade E-5 on 9 April 1993 under the Qualitative Retention Program. He was paid $23,983.00 in separation pay and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
2. On 3 April 2003, he was ordered to active duty in pay grade E-5 in support of Operation Enduring Freedom. The applicant was recommended for promotion to pay grade E-6 by a Department of the Army Standby Advisory Board (STAB) that convened on 19 October 2004. He was promoted to pay grade E-6 on 1 November 2004. His promotion orders were published by HRC-St. Louis and indicate that he was in an Active Guard Reserve status at the time.
3. On 19 December 2007, HRC-St. Louis notified the applicant that he had not been considered by the Calendar Year 2007 Sergeant First Class Selection Board and that his records would be placed before a STAB. He was advised at that time to ensure that his records were updated and he was provided instructions for doing so. On 13 March 2008, the applicant was notified by memorandum from HRC-St. Louis that he was considered for promotion to pay grade E-7 by a Department of the Army Enlisted STAB which convened on 5 February 2008 to consider him under the 2007 criteria and he was not selected.
4. On 29 July 2008, the applicant dispatched a letter to the President of the 2008 SFC Promotion Selection Board informing the President that due to his deployment from April 2003 to March 2008, he had been unable to update his photograph and physical; however, he was working on them.
5. On 9 September 2008, he was honorably released from active duty due to completion of required service. He had served 5 years, 5 months, and 7 days of active service during his current deployment for a total of 18 years, 6 months, and 6 days of total active service.
6. On 10 September 2008, he was again ordered to active duty for the purpose of obtaining 20 years of active Federal service under the Extended Active Duty Sanctuary Program. He was promoted to pay grade E-7 on 1 December 2008.
7. On 31 March 2010, he was honorably released from active duty and transferred to the Retired List in pay grade E-7 effective 1 April 2010. He had served 20 years and 27 days of total active service.
8. A review of the applicant's official records in the HRC Integrated Web Services Soldier Management System transactions summary shows an entry indicating the applicant's records were screened for the 2006 promotion board and that he was ineligible, that he did not meet the board requirements (date of rank). The transactions summary also shows the applicant was in contact with officials at HRC-St. Louis throughout his entire active duty period.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was not considered for promotion to pay grade E-7 in 2006 has been noted and appears to be without merit. A review of his official records shows his records were screened by personnel at HRC-St. Louis and a determination was made that he was not eligible for the board that convened in 2006. The applicant failed to provide evidence to show otherwise.
2. The evidence of record also shows the applicant was considered by STAB's for pay grade E-6 and E-7, which is indicative that HRC-St. Louis recognized that errors were made in the promotion process and attempted to correct the errors.
3. However, the applicant has not provided sufficient evidence to establish that he has been unjustly denied a promotion to pay grade E-8 prior to his retirement. Therefore, in the absence of such evidence, there appears to be no basis to grant his request for either advancement or consideration by a STAB.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
__________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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